Legal fictions in practice and legal science |
From inside the book
Results 1-3 of 29
Page 34
14 Fuller further distinguishes between legal fictions, false legal conclusions and
legal hypotheses. The fiction is created and employed with full awareness of its
falseness, whilst the false conclusion or hypothesis is accepted as true and ...
14 Fuller further distinguishes between legal fictions, false legal conclusions and
legal hypotheses. The fiction is created and employed with full awareness of its
falseness, whilst the false conclusion or hypothesis is accepted as true and ...
Page 46
The logical conclusion to which legal positivism (the imperative theory) leads is
that of negating the existence of subjective rights. This is explained by Karl
Olivecrona: "There is no place for [the traditional concept of a right] in the system
based ...
The logical conclusion to which legal positivism (the imperative theory) leads is
that of negating the existence of subjective rights. This is explained by Karl
Olivecrona: "There is no place for [the traditional concept of a right] in the system
based ...
Page 115
... nothing other than the determination of the will (intention) of the contracting
parties at the time of conclusion of the contract. Because this will is not directly
perceptible, regard must of necessity be paid to the external manifestation of the
will, ...
... nothing other than the determination of the will (intention) of the contracting
parties at the time of conclusion of the contract. Because this will is not directly
perceptible, regard must of necessity be paid to the external manifestation of the
will, ...
What people are saying - Write a review
We haven't found any reviews in the usual places.
Contents
The continental romanistic concept | 3 |
Vaihinger and his followers | 38 |
Denial of the legal fiction | 50 |
Copyright | |
5 other sections not shown
Common terms and phrases
accepted action adopted analogy analysis applied assumptio Bartolus basis bona child Cinus conclusion conclusive presumption condition conservatism contract contradiction contrary to reality court created deemed definition discussion doctrine of fictional dogmatic fiction employ fictions equity example existing expression fact factual false assumption feigned fiction concept fictional fulfilment fictitious formulae ficticiae Gaius glossators historical fictions Hoge Raad Ibid implied term Inst intention interpretation irrebuttable irrebuttable presumption iure iuris ius civile judge judicial fictions jurists Kaser legal consequences legal fiction legal rule legal science legis legislative legislature logical major premise means merely metaphor nasciturus fiction nature norms object particular parties person positive law practical praetor presumption principle quod Recht recognised regarded Roman law Roman-Dutch law rules of law Section sense situation South African statute theoretical fictions theory thought tion truth Ulpian usucapio Vaihinger Vaihinger's veritate veritatem element